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If renewing, when can I legally expect my severance?

 
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zombiedog



Joined: 03 Oct 2011

PostPosted: Tue Apr 09, 2013 5:00 pm    Post subject: If renewing, when can I legally expect my severance? Reply with quote

I finished my contract and renewed, but my employer has been known to be up to 5 months late paying severance. If renewing with an employer, is there a time by which the hagwon must pay us our severances? What about airfare?

Thanks
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Apr 09, 2013 5:18 pm    Post subject: Reply with quote

Legally they do not have to pay you your severance until 14 days after the end of your second contract.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Apr 09, 2013 5:56 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
Legally they do not have to pay you your severance until 14 days after the end of your second contract.


If you leave after 1 year you get a prorated amount for severance. You only need to wait till the end of your second contract if you received severance after the first. Let the hagwon be late this time, then they will owe more Laughing
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big_fella1



Joined: 08 Dec 2005

PostPosted: Tue Apr 09, 2013 6:41 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
Legally they do not have to pay you your severance until 14 days after the end of your second contract.


Change second to final and you're correct. Severance, actually retirement allowance is on paid when you completely finish working with an employer and the Labour Board doesn't accept one year contracts as a legitimate way around it.

Source: http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=260&tab=Standards

Airfare is a contractual issue, I'm not sure if the Labor Board would get involved, you can call them on 1345 and ask.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Apr 10, 2013 7:24 am    Post subject: Reply with quote

It used to be that workers in Korea could request a severance payout even when staying with the same job. Many Koreans used this as a backup savings plan for their kids' educations, starting businesses, buying property or covering accumulated credit card bills and other household debts. And, of course, E2 teachers would wisely get their severace payment every year, even when renewing.

However, the purpose of severance as stated by the government was to save the money for retirement, so the policy was changed. (The people making withdrawals were smarter than the politicians, but government has little to do with what is good for the people.) Now, (since 2012?) a worker cannot request and a business cannot pay severance until the worker has stopped working.

Several Koreans that I know made hurried requests to withdraw their accumulated severance amounts (many years' worth) just ahead of the date the new rules went into effect.
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